RESEACH PAPER ON

DEALING WITH DEVELOPMENT

PERMIT IN SARAWAK

RESEARCH COVERS:
• LAND LAW
• SUBMISSION PROCESS
• H.D.A
• STRATA

Prepared by:

AR RIDHA RAZAK
 RESEARCH SOURCES:

ACTS – LAW OF SARAWAK

1. LAND CODE CHAPTER 81
2. CHAPTER 8 BUILDINGS ORDINANCE, 1994
3. LOCAL AUTHORITIES ORDINANCE, 1996
4. CHAPTER 69 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ORDINANCE, 2013
5. THE HOUSING DEVELOPMENT (CONTROL AND LICENSING) ORDINANCE, 2013
6. CHAPTER 18 STRATA TITLES ORDINANCE, 1995

Website
1. Sarawak Ministry of Housing - http://www.minhousing.sarawak.gov.my
2. Sarawak Ministry of Resource Planning and Environment - http://www.kpps.sarawak.gov.my
3. Land and Survey Department Sarawak - http://www.landsurvey.sarawak.gov.my
4. Majlis Bandaraya Kuching Selatan- http://www.mbks.gov.my
5. Miri City Council - http://www.miricouncil.gov.my/
6. Sarawak Housing & Real Estate Assosiation - http://sheda.org.my/
7. PAM Sarawak Chapter Website- Letter from DBKU, MIRI, PADAWAN on Occupational Permit flow chart (2014)

ARTICLES
1. ADMINISTRATION OF PROPERTY DEVELOPMENT IN SARAWAK NONI HARIANTI JUNAIDI* ASSOC. PROF DANI SALLEH COLLEGE OF
LAW, GOVERNMENT & INTERNATIONAL STUDIES
2. LAND ADMINISTRATION, LAND MANAGEMENT AND SPATIAL INFORMATION IN SARAWAK, MALAYSIA SUDARSONO OSMAN, HUI
URG KUEH, MALAYSIA
3. THESIS- MASTER PROJECT REPORT UTM ON DELAY FOR ISSUANCE OF CFO IN SARAWAK BY COLLINE ANAK JOHN SITIN (2009)
4. L&S NEW GUIDELINES AND SIMPLIFIED APPLICATION PROCESS FOR EXTENSION OF LANDED RESIDENTIAL BUILDINGS

SLIDES
1. LAND LAWS AND CREATION OF NATIVE CUSTOMARY RIGHTS (NCR) BY YBHG. DATUK J.C FONG (SARAWAK STATE ATTORNEY
GENERAL)
2. HOUSING DEVELOPMENT LICENSE APPLICATION REQUIREMENTS AND ADMINISTRATION OF HOUSING DEVELOPMENT ACCOUNT
(HDA) BY MINISTRY OF HOUSING SARAWAK
3. HOUSING DEVELOPMENT (CONTROL & LICENSING) ORDINANCE 2013 & REGULATIONS 2014 & REGULATIONS (AMENDMENTS)
2015: RATIONALES & SCOPE OF CHANGES by Permanent Secretary Ministry of Housing Sarawak
 INTRODUCTION
LAW GOVERNING SARAWAK
 MALAYSIA

On the 16 September 1963, Sabah & Sarawak has officially join Malaya to become Malaysia. Among the agreed terms was :
Point 1: Religion, Point 2: Language
Point 3: Constitution
Point 4: Head of Federation
Point 5: Name of Federation
Point 6: Immigration
Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry
into Borneo should also require the approval of the State Government

Point 16: Constitutional safeguards

The power of amending the Constitution of the State should belong exclusively to the people in the state.

Point 20: Land, Forests, Local Government, etc.

The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not
apply to Sabah & Sarawak.
 THE DIFFRENCES IN LAW

Peninsular Sabah Sarawak

1. Agriculture Irrigation Areas Act, 1953
Drainage Works Acts, 1954
2. Forestry National Forestry Act (1984)
3. Control of River Water Acts 1920, Reviewed 1989
River Rights Enactment of Perak
Kelantan River Traffic Enactment, 1955
Pahang River Launches Enactment 6/49
4. Land National Land Code, 1965
Management Land Conservation Act, 1960
Land Acquisition Act 1960
Drainage and Irrigation, Sabah Ordinance 15/1956
Drainage Works Ordinance Sarawak 1966
Sabah Forest Enactment (1965)
Forest Ordinance Sarawak,
Cap126
Sarawak Water Ordinance,
Sarawak Riverine Transport Bill (1993)
Sabah Land Ordinance, 1930
Sarawak Land Code, 1958

5. Domestic Water Water Services Industry Act Water Services Industry Act
Supply
6. Mining Mining Enactment 1936 Mining Enactment, 1960 Sabah
Mining Enactment, 1949 Sarawak

7. Local and Town and Country Planning Act 1976 Town and Country Planning Enactment Sabah Cap 141
Regional Planning Town and Country Planning Sarawak Cap 87

8. Local Local Government Act (1976) Local Authority Enactment, Sabah Ordinance 11/1961
Government Local Authority Ordinance Sarawak Cap 117

9. Building Street Drainage Building By Law (1974) Sabah UUK ( Bangunan) 1951
UBBL 1984 Sarawak Building Ordinance 1994

http://www.sabah.gov.my
 MALAYSIA LEGISLATION COMPARISON

Act Peninsular Sabah Sarawak

Land Law National Land Code 1956 Sabah. Land ordinance. Land code (chapter 81)
Act 56 (Sabah cap. 68) laws of Sarawak

Local government Law Local Government Act Ordinan Kerajaan Tempatan Local authorities
1976 1961 (Sabah No.11 of 1991) ordinance, 1996
Act 171
Planning Law Town Country Planning Ordinan Perancangan Bandar The town and country
Act 1976 dan Desa 1950 (Cap. 141) planning ordinance 1952
Act 172 (Sarawak cap 87)
Street drainage building SDBA 1974 Undang Undang Kecil ( Sarawak buildings
Law Act 133 apply to west Bangunan) 1951 digubal ordinance, 1994
Malaysia dibawah Ordinan Kerajaan
& UBBL 1984 Tempatan 1961
Housing developers Law H.D.A 1966 act 118 Enakmen Perumahan HOUSING DEVELOPMENT
(Pengawalan dan Pelesenan (CONTROL AND LICENSING)
Pemaju-Pemaju ordinance 2013
Perumahan)1978 (Sabah
No.24 of 1978)
Strata title Law S.T.A 1985 State of Sabah Sarawak strata titles
Act 318 Land (subsidiary title) ordinance, 1995
SMA 2013 enactment 1972 (Sabah no. 9
Act 757 of 1972)
Professional Act Architect Act, Engineers Act, Town Planners Act, Surveyors Act
Apply throughout Malaysia
 SARAWAK LEGISLATION

Law Sarawak Ministry

Land Law Land code (chapter 81) laws of Department of Land and Survey, Sarawak
Sarawak

Local government Law Local authorities ordinance, 1996 Ministry of Local Government and Community
Development
Planning Law The town and country planning Ministry of resource Planning and Environment
ordinance 1952 (Sarawak cap 87)
Department of Land and Survey, Sarawak
(The Development Control Section of the Planning
Branch is responsible for processing applications
for planning approval and development of lands
and/or buildings.)
Street drainage building Sarawak buildings ordinance, 1994 Local Authority
Law

Housing developers Law HOUSING DEVELOPMENT (CONTROL Ministry of Housing Sarawak

AND LICENSING) ordinance 2013

The housing development

(Control and licensing) regulations,
2014

Strata title Law Sarawak strata titles ordinance, 1995 Department of Land and Survey, Sarawak
SARAWAK LAND LAW &
ADMINISTRATION
 LAND LAW OVERVIEW

The Land Code of Sarawak

is the principal Law
governing land in Sarawak.

• This Code passed in 1957

and came into force on
1.1.1958.

• The Code consolidates all

legislations in force at that
time.

• No rights to land may be

acquired save in accordance The Land Code recognizes Native Customary Rights(NCR) over land,
with the provisions of the
• provides the methods whereby native customary rights can be
Land Code (Section 44). created over State land, and
• where such rights are created or acquired prior to 1.1.1958, their
creation or acquisition
• would be governed by laws in force immediately prior to 1.1.1958
(See: Section 5(1) & (2) of the Land Code).

• The common law of England does not apply in regard to

acquisition of rights over land in Sarawak. (See: Sections 3 & 6 of
Civil Law Act, 1965)
Source:
Land Administration, Land Management and Spatial Information in Sarawak, Malaysia
Sudarsono OSMAN, Hui Urg KUEH, Malaysia
 HISTORY OF SARAWAK LAND LAW
1863 1898 1921 1931 1933 1958
Land Regulations,
1863
Court Order V of
An Order passed by 1898
the Supreme Council
during the time of Declared that no Bill Land Order VIII of
the First of Sale or other 1920
Rajah provides "All document giving
mortgages upon parties other than An order made by
lands to render them the owner the Third Rajah of
legal must be of any lien or Sarawak in 1920: Rajah Land Order
registered security for value Every person whose No. L-2 of 1931
received over any name is 2.4.5 Land
description of real, recorded in any The Land Ordinance Settlement Order
personal or Government Register was the first No. L-7 of 1933 The Land Code (Cap. 81)
moveable property as the owner of land legislation to provide The Land Ordinance and the Land Settlement Ordinance
shall be deemed to shall be deemed to for the registration The Land Settlement
have a permanent form the basis of the present Land Code which was
be valid unless of titles and land Ordinance provided
and transferable enacted in 1957 and came into operation on 1.1.1958.
registered in Court. transactions in Land for a new register of
right interest and Offices and Land titles based on an
occupancy of his Registers open to accurate and fully An important feature of the present Land Code is by
land public inspection. verified cadastral making the title to land indefeasible.
survey.
Land registration is incorporated under Part VII of the Land
The Ordinance re- Code which practices the principle of the Torrens System.
enacted the
provision of the 1931
It is critical to recognize that land administration, cadastral
Land Order requiring
Early History all dealings in land
and land titling processes are continuous and long term. It
The earliest law relating to land dated back to 1863 when the first Land (other than sublease is pertinent to systematically undertake the adjudication
for a year) to be of customary rights and to register the rights, too.
Regulations were introduced by the first Rajah of Sarawak, Sir James Brooke.
registered.
No form of land tenure as it was understood in English Law existed under Equally important is the need to continue land policy
the Government of Brunei when Sir James Brooke took over responsibility development to improve the land law and regulations
for the Government of Sarawak in 1841. to support adjudication and registration of some 1.629
million hectares of customary lands or 13 % of Sarawak
The first Rajah did not immediately interfere with the system of customary land mass.
laws which existed in Sarawak at that time, and it was not until 1863 that
the first Land Regulation was introduced with the approval of the Supreme Systematic adjudication of customary rights through
Council. implementation of land policies without legal security
could result in poor or weak land administration system,
which 10/16 could have adverse impact on the economic
development, social stability and environmental
Source: management of land resources.
Land Administration, Land Management and Spatial Information in Sarawak, Malaysia
Sudarsono OSMAN, Hui Urg KUEH, Malaysia
 LAND ADMINISTRATION: LAND AND SURVEY INFORMATION SYSTEM (LASIS)

Sarawak Land and Survey Department is a multi-functional organization under the State
Ministry of Planning and Resource Management.

The core businesses of the Department are survey, land administration, planning and valuation.
Under the Federal Constitution, land is a state matter.

Sarawak Land and Survey Dept have use LASIS integrated

IT system To manage Sarawak Land, Planning, etc

The objectives of the application systems in LASIS are as follows:

1. – Survey Computation System: for processing of survey jobs and establishing a Master Survey
Database for the state of Sarawak.

2. – Cadastral Mapping System: for updating of cadastral maps from the surveys and maintaining
the basemap for Sarawak to be used by other applications.

3. – Title Registration System: for registration of titles, state lands and land instruments. Maintain
and update the database of registry records.

4. – Revenue System:
5. – Valuation Information System:

6. – Land Administration & Adjudication System: for processing and monitoring of land applications
and checking the status of the land.

7. – Planning Information System: for processing of subdivision applications and other

development. Selection of site for development as well as other town and country planning
facilities.

8. – Aerial Photograph Information System

Source:
Land Administration, Land Management and Spatial Information in Sarawak, Malaysia
Sudarsono OSMAN, Hui Urg KUEH, Malaysia
 SUBMISSION PLANNING
PERMISSION, BUILDING PLAN
PROCESS UP TO OCCUPATIONAL
PERMIT IN SARAWAK
 CONSTRUCTION PERMIT PROCESS
SARAWAK CONSTRUCTION PERMIT PROCESS PROCESS

PROFESSIONAL
COMMENCEMENT OF OCCUPATIONAL
PLANNING &
REGISTER BUILDING PLAN WORK PERMIT
LAND
CONSTRUCTION PERIOD-

Register as Apply planning Submission to Local authority FORM C FORM D FORM F

a Qualified Permission to Building and Landscape Division, Notice of Notice of completion of setting out Application for
Person with Department Land & Engineering Division, Public Health commencement/res the issue of
State Survey (L&S) Division, Licensing Division. umption of building occupation
Planning FORM E
operations permit
Authority L&S Screen Notice of completion of excavation
BP APPLICATION FORM
submit Form application and for foundations
A through forward to SPA for •Application of
Ministry of consideration. FORM A occupation permit
TECHNICAL AGENCIES must be made by
Resource • Certificate of buildings/structural
Comply all technical agencies the person who
Planning Divisional Land FORM B
requirement & obtain all certificate submit the
and superintendent • Certificate of structure ( Reno.) of completion building plan
Environment receive decision
from SPA and • Fire
delivers to Submission to technical agencies • Water FORM G
Applicant -Fire & Rescue Service Dept • Electricity Issuance of OP
-Land & Survey Department • Sewerage

PENINSULAR CONSTRUCTION PERMIT PROCESS -OSC 3.0

PRE CONSIDERATION COMMENCEMENT INTERIM FINAL

FOR DEVELOPMENT INSPECTION INSPECTION DEPOSIT CCC
CONSULTATION OF WORK
CONSTRUCTION PERIOD-

Collation of information Submission to OSC for • FORM B Certify Interim Final Inspection I Deposit CCC to
from technical agencies propose development • PDC 6, FORM Inspection PBAN, TNB & PBT/JKR LA, Developer ,
Water, Electric, MSIG Vol II G1-G21 TNB, BOMBA, Permohonan Sambungan LAM
Telecomunications, Land KM / BP/ Structure/ • Borang By PBAN, IWK, komunikasi.
Engineering/ Earthwork/ JKJ103, stages DOSH dan FORM F
Infrastructure/ Landscape JKR/PBT. Final Inspection II JPBM, FORM G1-G21
FORM A : Submission • Sijil tanah
DOSH, APP (IWK/MAJAARI) CLEARANCE
BP/ Structure • etc LETTER
 SARAWAK DEVELOPMENT PLANNING MACHINERY
Figure 1: Organisational Structure and the Function of the
Sarawak state government has Development Planning Machinery at the State and
devised and set up its Divisional Level of Sarawak.
very own development Source: Researcher’s treatment based on existing regulatory
documents.
planning machinery and is
different from the states in
Peninsular Malaysia.

The state government through

the establishment of SPA has
shape the development
planning process in Sarawak.

The role of the SPA is in matters

relating to :
• The administration of land
• Development planning and
control.

For that reason, all matters of

development, whether at the
level of state or administrative
division, has to go
through this authority.
SOURCE:
Administration of Property Development in Sarawak
Noni Harianti Junaidi* Assoc. Prof Dani Salleh
College of Law, Government & International Studies, Universiti Utara Malaysia, Sintok 06010, Kedah,
Malaysia
 PLANNING AND BP APPROVAL

PLANNING BUILDING PLAN

PERMISSION APPROVAL

REGISTER
WITH L&S

SPA

Source:
Slides Land and Survey Dept. Sarawak
NEW GUIDELINES AND SIMPLIFIED APPLICATION PROCESS FOR
EXTENSION OF LANDED RESIDENTIAL BUILDINGS
 REGISTRATION OF PROFESSIONAL WITH L&S
For A professional to submit to the secretary state planning authority through REGISTRATION STAGE
Department L&S, it has to register as a Qualified person. This is compulsory under the
Land Code, Rules 1998 Sec 7(1) in Form A. For renewal Rules 1998 Sec 10(2) Form C

SOURCE:
Website Department of Land and Survey Sarawak
 PLANNING APPROVAL
PLANNING PERMISSION STAGE

Planning approval process (application for

boundary subdivision or development) 8 9

In Sarawak, all applications to obtain

7
planning approval must go through the
Divisional Land and Survey
Department, the headquarters of the Land
and Survey Department in Kuching, as well 6
1
as the SPA.

Approval from the SPA is an important 5

mechanism in the approval process for the
planning of a proposed development
4

SOURCE:
Apply/ Re Apply
Administration of Property Development in Sarawak
Noni Harianti Junaidi* Assoc. Prof Dani Salleh 2 Flowchart of the Planning Approval
College of Law, Government & International Studies, Universiti Process
Utara Malaysia, Sintok 06010, Kedah, Malaysia
Source: Condensed by researcher from
DCS 1998.
 LOCAL GOVERNMENT IN SABAH AND SARAWAK
BUILDING PLAN STAGE

Sarawak
City (3) 1. Kuching North City Hall (Dewan Bandaraya Kuching Utara)[Note 1]
2. Kuching South City Council (Majlis Bandaraya Kuching Selatan),
3. Miri City Council (Majlis Bandaraya Miri)
Municipality (3) 1. Padawan Municipal Council,
2. Sibu Municipal Council,
3. Bintulu Development Authority

District (21) Bau, Betong, Dalat-Mukah, Kanowit, Kapit, Lawas, Rural Sibu (Selangau), Lubok
Antu, Meradong-Julau, Lundu, Marudi, Matu-Daro, Samarahan, Saratok, Sarikei,
Serian, Simunjan, Sri Aman, Subis (Bekenu), Limbang
SUBMISSION BUILDING PLAN
BUILDING PLAN STAGE

FORMS

FORM A
• CERTIFICATE OF BUILDINGS/STRUCTURAL PLANS

FORM B
• CERTIFICATE OF STRUCTURE

FORM C
• NOTICE OF COMMENCEMENT/RESUMPTION OF BUILDING
OPERATIONS

FORM D
• NOTICE OF COMPLETION OF SETTING OUT

FORM E
• NOTICE OF COMPLETION OF EXCAVATION
FOR FOUNDATIONS

FORM F
• APPLICATION FOR THE ISSUE OF OCCUPATION PERMIT

FORM G
• OCCUPATION PERMIT

FORM H
• TEMPORARY OCCUPATIONAL PERMIT

FORM I
• PARTIAL OCCUPATIONA PERMIT

Source:
MBKL checklist
Sarawak Building Ordinance
1994
SUBMISSION BUILDING PLAN
BUILDING PLAN STAGE
OCCUPATIONAL PERMIT PROCESS IN DBKU
OCCUPATION PERMIT STAGE

http://pamsc.org.my/?p=2585
SUBMISSION FOR OCCUPATIONAL PERMIT
OCCUPATION PERMIT STAGE

Source:
Sarawak Building
Ordinance 1994
OCCUPATIONAL PERMIT PROCESS IN DBKU
OCCUPATION PERMIT STAGE

http://pamsc.org.my/?p=2585
HOUSING DEVELOPMENT
(CONTROL AND
LICENSING) ORDINANCE
2013
 HOUSING DEVELOPER ORDINANCE AND REGULATION

IS THERE A LAW GOVERNING HOUSING DEVELOPMENT IN

SARAWAK?
1. HOUSING DEVELOPMENT (CONTROL AND LICENSING)
ORDINANCE 2013
2. THE HOUSING DEVELOPMENT(CONTROL AND LICENSING)
REGULATIONS, 2014

WHAT IS IT FOR?
An Ordinance to provide for the control and licensing of the
business of housing development in Sarawak, the protection of the
interest of purchasers and for matters connected therewith

WHAT IT DOES NOT ADDRESS?

1. Built and Sell
2. VP with strata title
 BAHAGIAN : 8 HOUSING DEVELOPMENT (CONTROL AND LICENSING)
SEKSYEN : 68 ORDINANCE 2013

PART I PART II PART III PART IV PART V PART VI PART VII

PRELIMINARY LICENSING OF DUTIES OF A INVESTIGATION POWERS OF MINISTER AND TRIBUNAL FOR HOUSING MISCELLANEOUS
HOUSING LICENSED AND CONTROLLER PURCHASER CLAIMS
DEVELOPER HOUSING ENFORCEMENT
DEVELOPER
34. Tribunal for Housing 56. Indemnity and
1. Short title and Purchaser Claims protection against suits and
6. Application for 10. Duties of a 15. Investigation 27. Minister to give proceedings
commencement directions for safeguarding 35. Temporary exercise of
License licensed housing 16. Powers of entry, 57. Offences relating to a
2. Application inspection and seizure interest of purchasers functions of Chairman
developer 28. Minister to give general
licence under section 6
17. List of things seized 36. Vacation of office
3. Interpretation directions 58. Offences relating to
7. Conditions or and detained 37. Revocation of member’s abandonment of housing
11. Transfer or 29. Revocation and appointment
restrictions for the assignment of a license
18. Search of person development by a housing
4. Power of Minister suspension of a licence 38. Remuneration and
grant of a license 19. Obstruction to developer
to determine housing exercise of powers by 30. Controller to notify allowances
accommodation licensed housing developer 59. Offences by a housing
12. Licensed the Controller, an 39. Secretary to Tribunal and developer under sections
8. Controller to forfeit Inspector or police of any action taken under
housing developer other officers 10, 14, 15(3), 27 or 28
deposit sections 6, 14 or 29
5. Appointment of to open and officer 40. Sitting of Tribunal 60. Offences by a director,
Controller, Deputy 20. Requirement to 31. Controller to report the 41. Scope of a claim
Controller and 9. Refund of deposit maintain Housing conduct of an architect or
manager or secretary under
provide translation 42. Jurisdiction of Tribunal section 32
Inspectors Development engineer
21. Power to examine 43. Limitation of jurisdiction 61. Release of moneys by a
Account person 32. A bankrupt or a stakeholder
convicted person not 44. Notice of claim and hearing
22. Specific persons in 62. Progress certification
eligible to manage the 45. Mediation for settlement
13. Freezing of the respect of whom 63. Penalty for offences not
powers of business of a 46. Right to appear at hearing
Housing Development otherwise provided for
“housing developer” investigation may be licensed housing developer 47. Proceedings of the Tribunal
Account
means any person, body of persons, 33. Right of appeal to the 64. Aiding or abetting
exercised 48. Tribunal may act in absence
company, firm or society (by whatever name Minister of party 65. Liability of director,
14. Arrangement or 23. Assistance to police manager and other officials
described) carrying out the business of a or other public officer 49. Award of the Tribunal
agreement of a licensed for offences committed by
housing development including, where
housing developer 24. Protection of 50. Reference to a Judge of the
appropriate, a licensed housing developer; companies and liability of a
informers High Court
person for acts done by
25. Authority to act 51. Orders and settlement to be others
“housing development” means the carrying recorded in writing
out of any building operations for the 26. Penalty for 66. Conduct of prosecution
obstruction and failure 52. Decisions of Tribunal to be
purpose of erecting in any manner housing 67. Powers to make
to provide translation final
accommodation in, on, over or under any regulations
land or the collection of moneys therefor, or 53. Criminal penalty for failure
the sale of such housing to comply
•PART VIII
accommodation; 54. Disposal of documents, etc.
•REPEAL, SAVINGS AND
55. Act or omission done in
TRANSITIONAL PROVISIONS
good faith
•68. Repeal, savings and
transitional provisions
 BAHAGIAN : 8 THE HOUSING DEVELOPMENT
SEKSYEN : 32 (CONTROL AND LICENSING) REGULATIONS, 2014

PART I PART II PART III PART IV PART V PART VI COMPOUND SCHEDULE

PRELIMINARY APPLICATION ADVERTISEMENT FORM OF HOUSING DEVELOPMENT
FOR LICENCE AND SALE PERMIT CONTRACT OF SALE ACCOUNT

1. Citation and 3. Application 4. Advertisement 8. Proprietor to be a 12. Duties of a developer 27. Compoundable offences Form A — Housing
commencement for a license and sale permit party to a contract relating to the Account 28. Offer to compound Development’s Licence
of sale 13. Deposit made by the / Advertisement and
29. Amount of compound
2. Interpretation 5. Particulars to be Developer Sale Permit
payable
included in 9. Contract of sale 14. Deposit of all moneys paid 30. Payment
advertisement 10. Consent to by purchaser
Form B — Sale and
assignment 15. Purchaser’s financier to pay Purchase Agreement
6. Use of name or direct into the Account PART VII (Land and Building)
emblem for site 11. Appeal 16. Deposit of loans PENALTIES
17. Interest obtained Form C — Sale and
7. Advertisement 18. Purposes for which moneys 31. Penalties Purchase Agreement
shall not contain in Housing Development (Subdivided Building)
certain description Account may be withdrawn
19. Conditions for withdrawal PART VIII Form D — Offer to
of moneys from Housing Compound Offence
REVOCATION AND SAVING
Development Account
20. Withdrawal of surplus
32. Revocation and saving FORM E
moneys from Housing
Development Account • Housing
Development’s
21. Withdrawal on furnishing
Licence and
of banker’s guarantee
Advertisement and
22. Withdrawal of all moneys Sale Permit
in Housing Development Or
Account
• Housing
23. Controller may use money Development’s
in the Housing Development Licence
Account
24. Auditor to make annual
report Or
25. Auditor to lodge a report to • Advertisement and
the Controller Sale Permit
26. Certificate of auditor
 HOUSING DEVELOPMENT (CONTROL AND LICENSING) ORDINANCE 2013
SECTION

1 6 12 34
LICENSE
ACCOUNT TRIBUNAL
THE HOUSING DEVELOPMENT (CONTROL
AND LICENSING) REGULATIONS, 2014

PART II PART V
PART VI
LICENSING OF HOUSING DEVELOPER HOUSING
TRIBUNAL FOR HOUSING
PART III DEVELOPMENT
PURCHASER CLAIMS
DUTIES OF A LICENSED HOUSING DEVELOPER ACCOUNT
PART IV
FORM OF CONTRACT OF SALE

12
1 FORM E (Options)
• Housing Development’s Licence
3 LESEN
and Advertisement and Sale 13 Deposit (ref reg 3(3)
Permit
• Housing Development’s Licence
• Advertisement and Sale Permit 18 Withdrawal money
4 PERMIT
Form B — Sale Form C — Sale 19 Condition of withdrawal
and Purchase and Purchase
S&P Agreement Agreement
9 (KONTRAK (Land and (Subdivided 20 Suplus money
JUALAN) Building) Building)

11 1 1 22 All Monies

26
30 37
HOUSING DEVELOPER ORDINANCE AND REGULATION

http://www.minhousing.sarawak.gov.my/modules/web/index.php
HOUSING DEVELOPER ORDINANCE AND REGULATION

http://www.minhousing.sarawak.gov.my/modules/web/index.php
HOUSING DEVELOPER ORDINANCE AND REGULATION

http://www.minhousing.sarawak.gov.my/modules/web/index.php
HOUSING DEVELOPER ORDINANCE AND REGULATION

http://www.minhousing.sarawak.gov.my/modules/web/index.php
 HOUSING DEVELOPMENT PERMIT PROCESS
SARAWAK HOUSING DEVELOPMENT PROCESS
COMMENCEMENT OF OCCUPATIONAL
PLANNING & LAND BUILDING PLAN WORK CONSTRUCTION PERIOD- PERMIT DLP

Third Schedule: Progress Billing

APPLY DEVELOPER LICENSE S&P Delivery of Vacant Defect Liability
/ ADVERTISING PERMIT FORM B Possession Period
LAND & Form B (LAND & Form C( SUBDIVIDED
FORM E (Options) BUILDING BUILDING) BUILDING) Form B Form B
• Housing Development’s Construction 24 Month Construction 36 Month Clause 20 Clause 22
Licence and Advertisement FORM C (within 24 Month) (18 Month)
• PART A SINGLE
and Sale Permit
SUBDIVIDED STOREY BUILDING • SCHEDULE OF
• Housing Development’s BUILDING • PART B DOUBLE PAYMENT OF Form C Form C
Licence
STOREY BUILDING PURCHASE PRICE Clause 25 & 26 ( Clause 28
• Advertisement and Sale
• PART C THREE Common (18 Month)
Permit
STOREY BUILDING Facilities)
Setting Up of Housing
• PART D SUB-DIVIDED (Within 36 Month)
Developers Account & Pay
BUILDING
Deposit

PENINSULAR HOUSING DEVELOPMENT PROCESS

KM/DO BUILDING PLAN COMMENCEMENT OF WORK CCC & VP DLP

CONSTRUCTION PERIOD-

Submit Sifus to PTG Third Schedule: Progress Billing

& Submit Schedule All
Delivery of Vacant
Parcel to COB for schedule
Possession
stratified sales
Schedule G Schedule H Schedule I Schedule J
Schedule G & I - DLP 24
Individual Strata Individual Strata Months
Title Title Within 24 Month
Title Title
Apply Developer Apply Advertising Schedule H & J –
license & Open Permit to Stage billing Stage billing Built then Built then Within 36 Month
Accounts commence sales sell sell
10:90 10:90
 APPLY DEVELOPER LICENSE / ADVERTISING PERMIT
1. Housing Development’s Licence
2. Advertisement and Sale Permit

OR

Housing Development’s Licence and

Advertisement and Sale Permit
http://www.minhousing.sarawak.gov.my/modules/web/index.php
 3rd SCHEDULE

FORM B : 3rd Schedule FORM C : 3rd Schedule

http://www.minhousing.sarawak.gov.my/modules/web/index.php
LIST OF PENALTY AND COMPOUND

http://www.minhousing.sarawak.gov.my/modules/web/index.php
 SARAWAK
STRATA TITLE ORDINANCE 1995
 WHAT IS STRATA TITLE ORDINANCE?

• The Sarawak Strata Title Ordinance 1995 is the guide for strata title owners.

Definition: An Ordinance to make better provisions in the law relating to strata titles.

• The ordinance outline the rules and regulations of the Management Corporation
(MC). The MC is a body to manage and upkeep the common properties.
When the title is issued, it is compulsory for the developer to assist to form the MC.
When the MC is formed, the operation of the property would be under the MC.

WHAT IT DOES NOT ADDRESS?

• ONLY ADDRESS FOR BUILDING TO BE SUBDIVIDED MORE THAN 5 STOREY

• ACCESORY PARCEL
• LAND PARCEL / GATED GUARDED DEVELOPMENT
• VP WITH STRATA TITLE
• STRATA MANAGEMENT BEFORE THE ISSUANCE OF SUBSIDARY TITLE
 BAHAGIAN : 6 SARAWAK STRATA TITLE ORDINANCE 1995
SEKSYEN : 44

PART I PART II PART III PART IV PART V PART VI SCHEDULES

PRELIMINARY SUBDIVISION OF THE SUBSIDIARY PROVISIONAL SUBDIVIDED BUILDINGS MISCELLANEO
BUILDINGS REGISTER BLOCK: ISSUE OF US
SUBSIDIARY
1. Short title and 3. Application of Part X of the TITLES Chapter 1—The Management Corporation 42. Penalties FIRST SCHEDULE —
commencement 14. Preparation and 23. Establishment, etc., of the corporation
Land Code UPON 43. Subsidiary Forms (1 to 6)
2. Interpretation maintenance of
register of subsidiary COMPLETION OF 24. Ownership of common property and legislation
4. Power to subdivide multi- title BUILDING custody of issue document of title 44. Repeal and 1- Application
storeyed buildings and 25. Pre-existing contracts saving 2 -Strata Register index
certain buildings ancillary 17. Application for 26. Duties and powers of the corporation
15. Documents of 3- Subsidiary Register
Thereto subsidiary title subsidiary titles upon 27. Appointment of administrator for the Statement
completion of corporation 4 -Subsidiary title
5. Circumstances where it is building 27A. Local Authority to act as
16. Effect of opening 5- Application separate
compulsory for proprietor to book of subsidiary management corporation title for provisional block
apply for subsidiary register 18. Power of 28. Offences by the corporation 6- Termination Strata
Titles Authority in relation
to application Chapter 2—Management of the Building SECOND SCHEDULE
6. Conditions for approval of Section — Rules of the
subdivision 19. Action by 29. Bylaws for regulation of the building Management
Registrar after Corporation
30. The management fund
approval
7. Application for subdivision 31. Acquisition of additional land and grant
in the case of phased and acceptance of easements THIRD SCHEDULE —
development 20. Modification of Bylaws for the
32. Pre-existing charges
subsidiary register, Regulation of
issue of fresh 33. Ratings
8. Approved plans not Subdivided
documents of title 34. Service of documents
available Buildings
and 35. Power of Court where building
cancellation of damaged
9. Applications for approval provisional document FOURTH SCHEDULE
36. Termination of subdivision
10. Powers of of title — Rules of the
Superintendent in relation to Subdivided Building:
applications Chapter 3—Rights and Obligations Division and
21. Failure to apply attaching to Amalgamation of
under section 17 Individual Parcels
11. Action by Superintendent Parcels
after approval of subdivision 37. Rights of subsidiary proprietor in his
22. Failure to pay parcel and in common property
amount demanded 38. Rights of support, service and shelter
12. Issue of subsidiary title to
individual parcels 39. Restriction on voting rights
40. Power of Court where no person able
to vote in respect of a parcel
13. Share units
41. Legal proceedings
 IMPORTANT GLOSSARY

Interpretation Definition
“subdivided building” a building subdivided under Part II or, where two or more
buildings standing on one lot are so subdivided, those
buildings;
“parcel” one of the individual parcels into which a subdivided
building is subdivided;
“subsidiary title” title issued under Part III to any of the individual parcels
within a building which has been subdivided pursuant to
Part II or to a provisional block;
“share units” the share units specified for the parcels of a subdivided
building in the book of the subsidiary register relating to
the building;
“common property” means, in relation to a subdivided building—
(a) so much of the lot not comprised in or appurtenant to
any parcel as shown in the certified plan; and
(b) unless otherwise described as comprised in or
appurtenant to any parcel and shown as capable of being
and meant to be comprised in or appurtenant to such
parcel, includes—

Refer list in act includes carpark as common property

 ADDRESS IN STRATA TITLE ORDINANCE 1995 NOT ADDRESS IN STRATA TITLE ORDINANCE
Land capable of being subdivided into parcels
Building capable of being subdivided into parcels

Building or land capable of being subdivided into parcels


Interpretation
“provisional block”
“provisional share units”
“provisional subsidiary title”
“management corporation” or
“corporation”
“management fund”
IMPORTANT GLOSSARY
Definition
a block of building which is shown as a provisional block in
an approved subsidiary or extra
plan or in any other record maintained by the Registrar
under the
provisions of this Ordinance;
the share value allotted to a
provisional block pursuant to section 13(2);
the title registered and
issued in respect of a provisional block
in relation to any subdivided building shown in a certified
plan, the
management corporation constituted by virtue of the
operation of section 23, and includes an administrator
appointed by the Court under section 27(1);
the fund established under section 30(1);
 What are architects duties under the Strata Title Act?
REFER SECTION 6-10
Advise developer on Regulation under Strata title act (Akta 318) :
SECTION

WHAT SEC 4 Power to subdivide multi-storeyed buildings and certain buildings ancillary thereto
4.—(1) The proprietor of any alienated land held as one lot under document of title may, with the approval of the Authority subdivide
into parcels, each to be held by him under a separate subsidiary title

CIRCUMSTANCES SEC 5 Circumstances where it is compulsory for proprietor to apply for subsidiary titles
5.—(1) The proprietor of any alienated land on which there is a completed building or on which he has applied for permission to erect a
building and—
(a) the building has or will have five or more storeys wholly above ground level; and
(b) he has sold or agreed to sell any parcel in such building to any person,

WHEN SEC 5(2) The time within which the requirement of subsection (1) shall be complied with shall be—

(a) six months from the date of commencement of this Ordinance; or

(b) the expiry of six months from the date on which the first sale of a parcel in the building took place or the first agreement to sell a
parcel in the building is entered into; or
(c) in the case of any building in respect of which approval to build has been given under the Buildings Ordinance, 1994 [Cap. 8], six
months from the date of the completion of such building, whichever is the later
HOW SEC 6 Conditions for approval of subdivision
6.—(1) The Authority shall not approve the subdivision of any building or buildings under this Part unless the following conditions
are satisfied:

(a) has been certified by a land surveyor that the building are situated wholly within the boundaries of the lot in question;
(b) has been certified by an architect /engineer that the building constructed in accordance with the said plans and specifications as
approve under building ordinance
(c) subdivision not contrary to the provisions of any written law
(e) no item of land revenue is outstanding in respect of the land;
(g) that the issue document of title for the land on which the building or buildings are to be situated has a term of not less than 21 to
run.
 STRATA TITLE PROCESS

STA ORDINANCE 1995 ( SARAWAK)

PLANNING BP Site Possession OCCUPATIONAL PERMIT

Submit Strata documents Superintendent coordinates: Proprietor there after Establish

6month from S&P to Super • Fees to be paid to pay all strata MC
intendant ( Dept Land & • Survey cost subsidiary title Sec 23
Survey) • Certified Plan incurred shall be issued

NEW STRATA PROCESS ( PENINSULAR)

KM BP Site Possession CCC & VP

Submit Propose Strata

Submit Sifus to PTG Plan to JUPEM At G12

Submit Schedule Parcel to COB JUPEM issue CPSP

Submit to Land Office

Obtain Permit
And commence sale Establish
VP & issuance Strata Title MC
SMA
PROCESS OF STRATA TITLE ORDINANCE Application made in writing to a Superintendent in Form 1 in the First Schedule
(a) such fee as may be prescribed;
(b) an index plan containing the details specified
APPLICATION FOR (c) in relation to each storey of each building, a storey plan containing the details specified
SUBDIVISION OF A (d) 2 additional copies of the index plan, and of each ofthe storey plans;
FORM 1 S 9(1) (e) the certificate showing the date on which the approval of the appropriate authority was given
BUILDING and the reference number thereof (if any);
(f) all such written consents to the making of the application as are required under section 6(1)(f);
(g) the issue document of title to the lot or a copy thereof.

Sec 13 Share Units to be filled in application form 1 first schedule

Powers of Superintendent in relation to applications

10.—(1) On any application under section 9(1), the Authority shall—
S.10(1) (a) if it appears to it that the conditions specified in section 6 are satisfied and that each of the
proposed parcels will have—
SUPER INTENDANT (i) an adequate means of access not passing through another parcel; and
(ii) adequate means of internal communication not passing through the common property, approve
the subdivision;
(b) in any other case, reject the application:

S.10(1A)
The decision of the Authority shall be communicated by its Secretary to the Superintendent who
Secretary to the Superintendent shall then notify the proprietor of the outcome of his application.

APPROVAL
S.10(2) S.10(3) the Superintendent shall require the Registrar
to open a book of the subsidiary register as per

Approve Reject
the Superintendent shall— (3) Where the Authority rejects any S.14 : Preparation and maintenance of
(a) estimate the amount of the fees chargeable in respect of — application under this Part,
(i) any survey to be carried out under section 11(1)(a); and the Superintendent shall notify the
strata register
FORM 2 & 3
(ii) the preparation of plans, and copies of plans pursuant to Registrar, who shall cause to be cancelled
paragraphs (b) and (c) of that subsection; and the note thereof endorsed on the
(b) call for the payment of that amount by the proprietor. Register pursuant to section 9(5).
PROPRIETOR
PAID S.15 : Strata title document :
SUPER INTENDANT -Strata title FORM 4
S.11(1) -Provisional strata title
Action by Superintendent after approval of subdivision
• after any subdivision has been approved and the amount of S.12
fees demanded in Sec 10(2) has been duly paid,
Issue of subsidiary title to individual parcels
S.17 : After Provisional block completed:
The Superintendent shall— 12. When the documents referred to in section
(a) carried out such survey of the land in question, and any of 11 have been prepared, the Superintendent shall Apply Provisional Title FORM 5
the buildings call upon the proprietor for payment of—
(b) from the relevant index plan and storey plans— (a) any amount underpaid; and
(i) Prepare with such modifications as he may consider (b) the fees chargeable in connection with the
necessary in the light of any such survey; and preparation and registration of documents of S.36(1) : Termination of Strata Title
(ii) file in his office, a certified plan complying with the subsidiary title to the individual parcels
requirements FORM 6
(c) prepare one copy of the certified plan for deposit with the
Registrar
FORMS 1: APPLICATION FOR SUBDIVISION
FORMS 2 & 3
FORMS 4
 SUMMARY

DEVELOPER OBTAIN BP / ADVERTISEMENT LICENSE /

COMMENCE SALE OF PROPERTY

APPLY FOR STRATA TITLE UNDER CONDITION

SECTION 9

SATISFY STRATA TITLE CONDITION SECTION 10(1),

AND PAY ALL FEES SEC 11 & 12

OBTAIN STRATA TITLE (SECTION 15 AND

APPLY TITLE SEC 17 FOR PHASED DEV WHEN
COMPLETE)

SET UP MC AFTER STRATA TITLE OBTAIN

(SECTION 23)
SUMMARY
 SARAWAK SUMMARY OF TOTAL DEVELOPMENT PROCESS
CONSTRUCTION PERMIT PROCESS
Register as a Apply planning Submission to Local authority FORM C FORM D FORM F
Qualified Permission to Building and Landscape Division, Engineering Notice of Notice of completion of setting out Application for the
Person with Department Land & Division, Public Health Division, Licensing commencement/resumpti issue of occupation
State Planning Survey (L&S) Division. on of building operations permit
Authority FORM E
submit Form A L&S Screen application Notice of completion of excavation for
BP APPLICATION FORM •Application of
through and forward to SPA for foundations
Ministry of consideration. occupation permit
Resource FORM A must be made by the
TECHNICAL AGENCIES
Planning and Divisional Land • Certificate of buildings/structural •person who submit
Comply all technical agencies requirement
Environment superintendent receive FORM B the building plan
& obtain all certificate of completion
decision from SPA and • Certificate of structure
delivers to Applicant • Fire
FORM G
• Water
Submission to technical agencies Issuance of OP
• Electricity
-Fire & Rescue Service Dept
• Sewerage
-Land & Survey Department

PROFESSIONAL
REGISTER PLANNING & LAND BUILDING PLAN COMMENCEMENT OF WORK OCCUPATIONAL PERMIT
DLP
CONSTRUCTION PERIOD-

APPLY DEVELOPER LICENSE / S&P Third Schedule: Progress Delivery of Vacant Defect
ADVERTISING PERMIT FORM B Billing Possession Liability
Period
HOUSING LAND &
FORM E (Options) BUILDING Form B
DEVELOPMENT • Housing Development’s Licence and Clause 20 Form B
PERMIT Advertisement and Sale Permit FORM C
Form C( SUBDIVIDED Form B (LAND &
(within 24 Month) Clause 22
• Housing Development’s Licence BUILDING) BUILDING) (18 Month)
PROCESS SUBDIVIDED
Construction 36 Month Construction 24 Month
• Advertisement and Sale Permit BUILDING Form C
Setting Up of Housing Developers • PART A SINGLE Form C
STOREY BUILDING Clause 25 & 26 (
Account & Pay Deposit • SCHEDULE OF Common Facilities) Clause 28
PAYMENT OF • PART B DOUBLE
(Within 36 Month) (18 Month)
PURCHASE PRICE STOREY BUILDING
• PART C THREE
STOREY BUILDING
• PART D SUB-
DIVIDED BUILDING

Submit Strata Superintendent Proprietor there after Establish

STRATA TITLES documents 6month coordinates: to pay all strata MC
PROCESS from S&P to Super • Survey cost subsidiary Sec 23
intendant ( Dept Land • Certified Plan incurred title shall
& Survey) • Fees to be paid be issued
 PENINSULAR MALAYSIA SUMMARY DEVELOPMENT PERMIT PROCESS

CONSTRUCTION PERMIT PROCESS

Collation of information Submission to OSC for • FORM B Certify (For large Final Inspection I Deposit CCC to
from technical agencies propose development • PDC 6, FORM scale projects) PBAN, TNB & PBT/JKR LA, Developer ,
Water, Electric, MSIG Vol II G1-G21 PBAN Permohonan Sambungan LAM
Telecomunications, Land KM / BP/ Structure/ • Borang By TNB,BOMBA,, komunikasi.
Engineering/ Earthwork/ JKJ103, stages IWK, DOSH FORM F
Infrastructure/ Landscape dan JKR/PBT. Final Inspection II JPBM, FORM G1-G21
FORM A : Submission • Sijil tanah
DOSH, APP (IWK/MAJAARI) CLEARANCE
BP/ Structure • etc LETTER

PRE CONSIDERATION COMMENCEMENT INTERIM FINAL

FOR DEVELOPMENT INSPECTION INSPECTION DEPOSIT CCC DLP
CONSULTATION OF WORK
CONSTRUCTION PERIOD-

Apply Advertising Third Schedule: Progress Billing

HOUSING Permit &
Developer license Delivery of Vacant All schedule
DEVELOPMENT (APDL) Possession
PERMIT simultaneously to DLP 24
commence sales Schedule G & I - Months
PROCESS Within 24 Month

Schedule H & J –
Schedule G Schedule H Schedule I Schedule J Within 36 Month
Individual Strata Individual Title Strata
Title Title Title
Built then sell
Stage billing Stage 10:90 Built then sell
billing 10:90

Super structure
stage

STRATA TITLES Submit Sifus to Obtain Permit

And
Submit Propose Establish
PTG & Submit Strata Plan to
PROCESS Schedule Parcel to commence
JUPEM at G12
Submit to Land VP & issuance MC
sale Office Strata Title SMA 2013
COB for stratified and obtain CPSP
sales After BP
THE END